First Nova Pty Ltd (Migration)

This matter concerned an appeal by First Nova Pty Ltd against a decision to refuse its nomination for a Subclass 457 visa. The nominated position was Program/Project Administrator, with Mr. Wong identified as the proposed visa holder. The core of the dispute revolved around whether the nominated position was genuine and whether the terms of employment met the requirements of the Migration Regulations 1994.

The Tribunal was required to determine if the nominated position of Program/Project Administrator was genuine, as stipulated by regulation 2.72(10)(f) of the Migration Regulations 1994. This involved assessing whether the proposed employment arrangement reflected a real need within First Nova Pty Ltd and whether the terms and conditions offered were appropriate and met the legislative thresholds.

The Tribunal affirmed the decision to refuse the nomination. It found that the nominated position was not genuine, noting that Mr. Wong was employed by another company on a consultancy basis, with his salary paid by that other entity. This arrangement raised concerns about the true nature of the employment with First Nova Pty Ltd and whether it constituted a genuine position as required by the regulations. The Tribunal concluded that the evidence did not satisfy the criteria for the nomination to be approved.